CONDITIONS OF SALE
1.1 These Terms and Conditions of Sale ('Terms'), together with all information and documents referred to in them, govern all sales of Voke and other products ('Products') by us through this website (the 'Website') to you.
1.2 Please make sure you have read these Terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think there is a mistake in these Terms, please contact us to let us know.
1.3 By placing an order for a Product through our Website, you agree to and accept these Terms. You should print a copy of these Terms or save them for future reference.
1.4 To register with and purchase Products via the Website, you must be aged 18 years or over and have a registered postal address in the UK, Jersey or Guernsey.
1.5 We may amend these Terms from time to time. Every time you order a Product, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated in June 2019.
2. INFORMATION ABOUT US
2.1 When you purchase a Product through our Website you will be contracting with Kind Consumer Limited, a company registered in England and Wales under company number 05760846 with its registered office at 79 Clerkenwell Road, London, EC1R 5AR ('we', 'our' or 'us').
2.2 To contact us, please see our Contact Us page. Alternatively, if you have a query in relation to your order; purchasing the Products; or how to use the Products for the first time, then email us at
or phone us on 0800 046 9980.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 'Writing' includes emails. When we use the words 'writing' or 'written' in these terms, this includes emails.
3. OUR PRODUCTS
3.1 The Products are as described on this Website from time to time. Please note that slight variations may occur between the delivered Products and the image of the Products given on the Website. You should ensure that you have checked the Product description on the Website before placing your order.
3.2 Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
3.3 Minor changes to the products. We may change the product:
3.3.1 to reflect changes in relevant laws and regulatory requirements for example reference to regulators may from time to time; and
3.3.2 to implement minor technical adjustments and improvements, for example to improve performance. These changes will not negatively affect your use of the product.
4. HOW TO ORDER
4.2 You may place an order for the Products via our on-line order process on the Website. At the end of the order process you will be asked to provide payment through the on-line payment facility. Your order will be submitted to us when you click on the 'ORDER VOKE' button at the end of the order process. Your order represents an offer to us to purchase the Products.
4.3 After you place your order, you will receive an email from us acknowledging receipt of your order. Please note that this does not mean your order has been accepted.
4.4 By placing an order, you authorise us to immediately charge your payment card for the purchase price and we are entitled to rely on your placing of an order as an instruction to us to take your payment.
4.5 If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product.
4.6 By submitting an order, you confirm that you are legally capable of entering into a contract when you place your order.
4.7 If you breach these Terms prior to our dispatch of the Product, including following our acceptance of your order, we will not deliver the Product to you. We reserve the right to charge you for the Product but may, at our sole discretion, refund all or a portion of the payment made by you for the Product in question.
5.1 All prices stated are in pounds sterling and include VAT. Delivery charges will be indicated to you at the time of ordering and will be added to the purchase price before you confirm your order.
5.2 The price of a Product is as published on the Website at the date we accept your order. Prices are subject to change without notice at any time, but changes will not affect any order that we have previously accepted. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
5.3 It is possible that, despite our reasonable efforts, a Product on our Website may be incorrectly priced. If we discover an error in the price of a Product that you have ordered we will inform you of this error and give you the option to continue with your order at the correct price or to cancel your order. If you do not respond to us within 7 days, we will treat the order as cancelled and notify you in writing.
6. HOW TO PAY
6.1 You may pay for the Product with a debit or credit card, or any other payment method that we indicate to you that we will accept from time to time, using the on-line payment facility. The payment facility is operated by a third party provider. Your use of the payment facility will be subject to the terms and conditions of the third party provider. You should ensure that you have read and agree with those terms and conditions before using the payment facility.
6.2 We will request authority for payment from your card at the time you place your order. If we fail to receive authority for your payment, or if we reasonably believe that payment will be refused, we reserve the right to reject your order.
6.3 In the event of a failed payment for whatever reason, you agree to compensate us in full against all reasonable costs, expenses and outgoings we incur in attempting to obtain payment made by you.
6.4 Please note that we do not issue VAT receipts for Products ordered from the Website.
7. DELIVERY AND POSTAGE
7.1 Delivery of a Product will only be made to a UK, Jersey or Guernsey postal address.
7.2 Unless you select otherwise, all Products that you order will be dispatched via the Royal Mail at the cost indicated to you on the Website prior to you confirming your order.
7.3 We will send you an email confirming when your Product has been dispatched. We do not guarantee that delivery will be on a given date and you should not rely on it as such.
7.4 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received. However, if you have not received your Product within 2 working days of the delivery date given to you in our acceptance email, please notify us either via our Contact Us page, or call us on 0800 046 9980 or email us at
and we will resend your order to you at no additional cost. In rare cases we may, at our reasonable discretion, require proof of non-delivery, such proof to be obtained at your cost.
7.5 The Products will be your responsibility once they have been delivered to the address indicated in your order.
7.6 You will own the Products once we have received payment from you in full.
7.7 If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery.
7.8 If you do not re-arrange delivery. If after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract.
7.9 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, your age and contact details. If so, this will have been stated in the description of the products on our website. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
7.10 We may have to suspend the supply of a product to:
(a) deal with technical problems or make minor technical changes;
(b) update the product to reflect changes in relevant laws and regulatory requirements.
8. YOUR CANCELLATION RIGHTS
8.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the contract:
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product replaced or get some or all of your money back), see clause 9;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;
(c) If you have just changed your mind about the product, see clause 8.4. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods.
8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (d) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
(b) there is a risk that supply of the products may be significantly delayed because of events outside our control;
(c) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than sixty (60) days; or
(d) you have a legal right to end the contract because of something we have done wrong.
8.3 We may end the contract for a product at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 28 days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, the delivery address; or
(c) you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.
8.4 Your legal right to change your mind about your order and to cancel the contract starts on the date you receive the email from us confirming that we have accepted your order and that it has been dispatched to you. You have the right to cancel this contract without giving any reason. This cancellation period will expire after 14 days from the day you acquire physical possession of the goods.
8.5 Your right as a consumer to change your mind does not apply in respect of Voke products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them.
8.6 To cancel the contract, you need to notify us in writing. You can do this by sending an email to
. To meet the cancellation deadline, you must send your notification concerning your exercise of the right to cancel before the cancellation period has expired. Please keep a copy of your cancellation notification for your own records.
8.7 If you cancel the contract, you will receive a full refund of the price you paid for the Products and any applicable delivery charges to the credit or debit card that you used to pay. If the Products have already been delivered to you, you must return them to us without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation of this contract to us.
8.8 All Products must be returned in the condition in which you received them. This includes keeping all hygienic seals in place. You will lose the right to return a product if you remove any seals which need to be kept in place for health or hygiene reasons.
8.9 You will have to bear the direct cost of returning the Products. We will process the refund without undue delay and in any event not later than (a) 14 days after the day we receive back from you any Products supplied; or (b) if there were no Products supplied, 14 days after the day on which we receive your cancellation notification. We may withhold the refund until we have received the Products back or you have supplied evidence of having returned the Products to us (whichever is the earliest).
9. COMPLAINTS & RETURNING FAULTY PRODUCTS
9.1 Please contact us either via our Contact Us page, or by calling us on 0800 046 9980, or emailing us at
9.2 In the unlikely event that the Product delivered to you is damaged or defective, please contact us as soon as possible using the contact details contained in clause 9.1 above. If necessary we will provide you with an address to return the Product with its original packaging back to us free of charge.
9.3 Upon our receipt of the returned Product, we reserve the right to inspect the Product to determine whether, in our sole opinion, it is defective or not.
9.4 If we agree that the Product is defective, we will offer you a full refund of the price of the Product (including any additional delivery charges paid).
9.5 Once we confirm that you are entitled to a refund, we will aim to process your refund as soon as possible and, at the latest within 14 days of confirming that you are entitled to a refund. You will receive your refund to the credit or debit card that you used to pay.
10. OPENING YOUR ACCOUNT
10.1 Should you wish to do so, you may open an account on the Website. In order to apply to create an account, please follow the instructions on the Website. It will be at our sole discretion as to whether we accept your application to create an account.
10.3 Only one account may be opened per individual user.
10.4 You will be asked to provide information including your name, date of birth, email address and postal address when creating your account. Your email address will be used to identify you when you use the Website. We reserve the right to terminate your account in the event that you provide an invalid email address. Your order will be sent to the postal address you provide. We accept no responsibility for orders that are not received as a result of an incomplete or incorrect address being provided. You warrant that such information is true, accurate and complete and that you will notify us immediately if any part of this information changes.
10.5 You will also need to provide a password in order to access your account. You are entirely responsible for maintaining the confidentiality of your password and you will be responsible for any damage or losses caused by unauthorised access resulting from your failure to keep your password secure. We encourage you to use a 'strong' password (including a combination of numbers and letters). You agree to notify us immediately in the event of any unauthorised use, or suspected unauthorised use of your password or account.
11. CANCELLING YOUR ACCOUNT
11.1 We may temporarily suspend or cancel your account at any time and for any reason without notice.
11.2 You may cancel your account at any time and for any reason by contacting us either via our Contact Us page, or emailing us at
. It will be your responsibility to provide any required proof that you are the account holder.
12.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms or our failure to use reasonable skill and care, but we are not responsible for any loss or damage which is not foreseeable. Loss or damage is foreseeable if either it is an obvious that it will happen or if, at the time that the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
12.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death and personal injury caused by our negligence (failing to take reasonable skill and care) or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; for the purpose described by us; supplied with reasonable skill and care; and for defective products under the Consumer Protection Act 1987.
12.3 We only supply the Products for domestic and private use. You agree not to use the Products for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13. HOW WE MAY USE YOUR PERSONAL INFORMATION
13.1 We will only use your personal information as set out in our
14. FORCE MAJEURE
14.1 We will not be liable in any way for loss, damage or expense that you incur arising directly or indirectly from any failure or delay in performing any of our obligations under these Terms caused by any circumstances beyond our control, which include but are not limited to vandalism, accident, break down or damage to machinery or equipment, fire, flood, acts of God, strike, lock-out or other industrial disputes (whether or not involving our employees) or shortage of materials or fuel at the market rates existing when the order is accepted, legislative or administrative interference.
14.2 If such circumstances occur that affects our performance of our obligations to you, we will contact you as soon as reasonably possible to notify you and our obligations will be suspended and the time for performance of our obligations will be extended for the duration of those circumstances. Where the delivery of Products to you is affected, we will arrange a new delivery date with you.
14.3 You may cancel an order affected by any of the events listed in clause 14.1 which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, we will, for any Products which you have yet to receive, refund the price you have paid for your order of the Products, including any delivery charges.
15. OTHER IMPORTANT TERMS
15.1 You may not resell any Product to any third party. If we become aware that you have sold, or have attempted to sell, the Product to a third party, we may, at our sole discretion, refuse to accept further orders from you and/or cancel your account.
15.2 These Terms and any document expressly referred to in them constitute the whole agreement between you and us and supersede all previous statements and any previous terms and conditions relating to the supply of the Product.
15.3 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.4 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
15.5 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 30 days of us telling you about it and we will refund you any payments you have made in advance for products not provided.
15.6 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. We may not agree if we have already dispatched products to you and/or we cannot verify that the person that you wish to transfer the contract to is 18 or over.
15.7 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
15.8 We will send notices and other communications to you at the e-mail address you have provided to us. You must send all notices and other communications to us using one of the communication methods referred to in clause 2.2 (depending on the nature of your enquiry). Any notices sent by e-mail or via the Contact Us form will be deemed to have been received 24 hours after the time sent by the sender. Any notices sent by first class post will be deemed to have been received on the next working day. Any notices issued by us that appear on our Website will be deemed to have been received when you next use the Website, unless expressly stated otherwise.
15.9 We may change, modify or revise these Terms at any time. Any changes made to the Terms will apply to all orders placed on or after the date on which the changes to the Terms are uploaded on our Website. It is your responsibility to check that you have read and agree with the latest Terms on the Website.
15.10 These Terms (and the provision of all Products and services by us) are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
15.11 These Terms do not affect your statutory rights.